Robert & Bertha Robinson Family, LLC v. Allen

by
This case provided the Supreme Court an opportunity to provide guidance on what happens if one of multiple losing parties wishes to appeal from a general district court (GDC) judgment involving consolidated claims by several parties.The Supreme Court reversed the circuit court’s award of sanctions against Landlord and award of damages in favor of Tenants in this dispute over holdover rent and property damages. Landlord filed a warrant in debt against Tenants. Tenants filed a counterclaim. The GDC ruled against both parties and dismissed all claims. Landlord appealed to the circuit court but later withdrew its appeal. The circuit court awarded sanctions against Landlord and awarded damages in favor of Tenants on their unappealed counterclaim without hearing evidence on the matter. The Supreme Court reversed, holding (1) the circuit court abused its discretion by applying a rationale for a sanctions award that finds no support in either the text of Va. Code 8.01-271.1 or this court’s opinions applying it; and (2) the circuit court erred in adjudicating Tenants’ counterclaim. View "Robert & Bertha Robinson Family, LLC v. Allen" on Justia Law